Section 47: On-board recording and restricted information

(1) Every on-board recording and restricted information are privileged.
(2) Except as provided under this section, a person shall not -
(a) communicate an on-board recording, restricted information or permit it to be communicated to any person; or
(b) be required to produce an on-board recording, restricted information or give evidence relating to it in any legal, disciplinary or other proceedings.
(3) Any on-board recording or restricted information that relates to an investigation under this Act, shall be released to an Investigator on request.
(4) An investigator shall not communicate or permit to be communicated to any person any portion of an on-board recording or restricted information that is unrelated to the causes or contributory factors of the transportation occurrence under investigation or to the identification of safety deficiencies.
(5) An Investigator may make available any on-board recording or restricted information obtained under this Act to -
(a) a coroner who requests access thereto for the purpose of an investigation; or
(b) any person carrying out a coordinated investigation under section 27 of this Act.
(6) Notwithstanding the provisions of this section, where, in any proceedings before a competent authority, a request for the production and discovery of an on-board recording or restricted information is made, the competent authority shall -
(a) cause notice of the request to be given to the Bureau, if the Bureau is not a party to the proceedings;
(b) examine the on-board recording or restricted information in camera and give the Bureau a reasonable opportunity to make representations with respect thereto; and
(c) order the production and discovery of the on-board recording or restricted information, subject to such restrictions or conditions as the competent authority may deem appropriate.
(7) The Bureau may refuse to make the on-board recording information, restricted information or any part of it available to the coroner, if in his opinion such disclosure would likely interfere with any investigation into the transport safety matter to which the on-board recording or restricted information relates.
(8) In this section, "on-board recording" means the whole or any part of -
(a) a recording of voice communications, sound or images originating from, or received on, or in the control area of any transport vehicle; or
(b) a video recording or any recording of the activities of the operating personnel of an aircraft, ship, rail road or tracked vehicle or locomotive made, using recording equipment that is not intended to be controlled by the operating personnel in the control area of transport vehicle, which includes a transcript or substantial summary of such a recording.
(9) In this section, "restricted information" means the whole of -
(a) statements taken from a person by the Bureau in the course of safety investigation;
(b) communications between persons having been involved in transport vehicle;
(c) medical or private information regarding a person involved in the transportation safety occurrence;
(d) recordings and transcripts of recordings from sea, rail or traffic control unit; and
(e) analysis and opinions about information, including on board recorder information, made by the Bureau or other members of the safety investigation team.